Authority: IC 13-14-8; IC 13-19-3

Affected: IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13-23; IC 13- 30

Sec. 5. Except as provided as follows, generators must ensure that their used oil is transported only by transporters who have obtained EPA identification numbers:

1. (1) Generators may transport, without an EPA identification number, used oil that is generated at the generator's site and used oil collected from household do-it-yourselfers to a used oil collection center provided that:

   1. (A) the generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;
   2. (B) the generator transports no more than fifty-five (55) gallons of used oil at any time; and
   3. (C) the generator transports the used oil to a used oil collection center that is registered, licensed, permitted, or recognized by a state, county, or municipal government to manage used oil.

2. (2) Generators may transport, without an EPA identification number, used oil that is generated at the generator's site to an aggregation point provided that:

   1. (A) the generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;
   2. (B) the generator transports no more than fifty-five (55) gallons of used oil at any time; and
   3. (C) the generator transports the used oil to an aggregation point that is owned or operated by the same generator.

3. (3) Used oil generators may arrange for used oil to be transported by a transporter without an EPA identification number if the used oil is reclaimed under a contractual agreement pursuant to which reclaimed oil is returned by the processor or re-refiner to the generator for use as a lubricant, cutting oil, or coolant. The contract, known as a tolling arrangement, must indicate:

   1. (A) The type of used oil and the frequency of shipments.
   2. (B) That the vehicle used to transport the used oil to the processing or re-refining facility and to deliver recycled used oil back to the generator is owned and operated by the used oil processor or re-refiner.
   3. (C) That reclaimed oil will be returned to the generator.

(Solid Waste Management Division; 329 IAC 13-4-5; filed Feb 3, 1997, 9:15 a.m.: 20 IR 1498; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)